Australian Capital Territory Current Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 69

    (1)     On application by the DPP, a relevant court hearing an application for a civil forfeiture order may—

        (a)     direct that the hearing of the application, or part of it, take place in closed court and give directions about who may be present; and

        (b)     give directions prohibiting or restricting the publication or disclosure of 1 or more of the following:

              (i)     the fact that an application for the order, or that a civil forfeiture order, has been made;

              (ii)     the application for the order;

              (iii)     any information about the proceeding (whether or not a hearing has been held);

              (iv)     any evidence given, statement made or thing done during the proceeding;

              (v)     any information, document or thing derived from anything mentioned in this subsection.

Examples of directions

1     that the application for the civil forfeiture order not be disclosed to the person against whom the civil forfeiture order is made until the court has decided an application for a restraining order against someone else's property

2     that the supporting affidavit must be made available only to the offender's lawyer

    (2)     In deciding whether to give a direction under subsection (1), the court must have regard to whether the direction—

        (a)     would promote the purposes of this Act; or

        (b)     is desirable to protect the integrity of an investigation (however described) for any purpose or a prosecution of an offence.

    (3)     The court may also have regard to any other relevant matter in deciding whether to give a direction under subsection (1).